Traumatic Brain Injury Caused by Slip and Fall

Did You Suffer an TBI After a Slip and Fall Accident? Call Us Today!

You take your safety seriously. You are vigilant and attentive when out and about, and you do not take unnecessary risks. Unfortunately, this is not enough to prevent injury. You need other people to do their part. Managers and owners of restaurants, bars, clubs, cafes, and other public venues must ensure that their premises are free from hazards that may endanger your health.

If you have been injured in a slip and fall, then you can hold such people responsible. A personal injury attorney in Los Angeles can help you claim damages for your injuries after a slip and fall accident.

The Most Dangerous Kind of Slip and Fall Injury

You may not have been able to break the impact of your fall. You may have hit the floor with the full weight of your body and the force of gravity. These are the worst kinds of slip and fall accidents because they can lead to traumatic brain injuries. The latter can result in reduced mental ability, confusion, migraine headaches, dizziness, and other short-and-long term symptoms. A traumatic brain injury can throw your entire life into upheaval. The damage done can leave you permanently disabled, which can lead to serious financial strain.

The Consequences of a Slip and Fall Accident

Even in a mild slip and fall accident, you will need medical treatment. If you suffered head injuries as a result of such an accident, you may not even remember all that happened afterward. The force of a head blow can knock you unconscious. You may have been rushed to the hospital and put through a series of operations to save your life.

These are some of the most common types of traumatic brain injuries:

  • Ruptured blood vessel
  • Fractured skull
  • Bruising of the brain

Any of these injuries requires a serious surgical intervention and a long period of recovery. You will need to remain in the hospital for weeks. When you are discharged, you will need to go through a months-long period of recovery. During this time, you will need rest, medication, and constant care.

You will of course not be able to work. And if you are able to recover, you may not be able to return to work immediately. In fact, you may be forced to give up your livelihood. If the injury has caused a permanent disability, you may need in-home care.

All of this requires money. If you are like most people, you do not have enough put away to pay for the medical bills and lack of revenue that will result from such an injury. You will need legal assistance to be able to cope financially with your condition. 

Establishing Liability

The primary aim of your head injury lawyer will be to get you as much money as they can. To this end, they will need to prove that your head injury was caused by the slip and fall, that the slip and fall was the result of hazardous conditions, that the neglect of the proprietor or manager created these conditions, and that as a consequence they owe you a certain amount of money. Your lawyer will bring in professional investigators to get the facts about your slip and fall accident. The cause of the slip and fall is the most important element of your claim. You must establish liability. To do so, you must establish that someone knew or should have known about the dangerous condition.

For liability to stick to the proprietor, you must prove that their action or inaction caused the dangerous condition, and that the dangerous condition would not have existed if they had exercised reasonable diligence.

Gathering the Facts

The investigators will go to the scene of the accident. They will gather what forensic evidence may be available in the space. They will review any camera footage that may be outstanding. They will also interview other people who were in the vicinity. If your fall occurred in a commercial venue, the investigators will interview the staff. In these cases, there is usually someone who knows about the oversight and is looking for a way to tell what they know.

Conditions that typically lead to a slip and fall accident include:

  • Water on the floor
  • Oil or grease in the wrong place
  • Power cords improperly strewn across the floor
  • Loose carpeting or mats
  • Uneven surfaces or loose boards
  • Inadequate lighting
  • Debris

Although the proprietor may have cleaned up the space after the accident, there are ways to prove the existence of the hazard at the time of the accident. In addition to eyewitness statements of the staff and customers, your team may find proof of work orders for repairs and documented complaints about the dangerous area. It is possible that someone even took a picture of the hazard, and is willing to send it to your legal team.

Legal counsel must also establish the value of your case. To do that, they must get a sense of your medical condition. Your traumatic brain and head injury lawyer in Los Angeles will review your medical records. They will also bring an independent medical expert to review your case. The latter can assess the nature and extent of your injuries and make a statement about your prospects for recovery. Your lawyer will speak with your family to better understand how the injury has affected them to claim damages for the impact the injury has had on your family life. Accident reconstruction experts will also be brought in, as they can use forensic evidence to demonstrate how the accident unfolded through a computer simulation.

A competent, experienced, and effective attorney for slip and fall accidents will know how to get you the money you deserve without going through a long, exhausting, and expensive trial. Indeed, your case is likely to be settled without a trial. You must work with a legal professional who is a skilled negotiator, and who can get you a settlement that is commensurate with all you have suffered.